Blog Archives

August 26, 2022

A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy

By FSP of Robinson Sheppard Shapiro

In the recent case of Bridor inc. c. 90784497 Québec inc., 2022 QCCS 2496, the Superior Court ruled on the fundamental distinctions between a Builder’s Risk policy and a liability insurance policy.

Bridor inc. [Bridor] had retained the services of Construction Milkado [Mikado] as a construction manager to oversee the expansion of its plant. In the main claim, Bridor alleged that Mikado had committed three faults in its management of the construction, one of which consisted of damages caused to architectural panels that made up the outside walls of the expansion. The project and the parties were insured under two policies issued by Starr Insurance & Reinsurance Limited [Starr]: a Wrap-Up liability insurance policy and a Builder’s Risk insurance policy.

Posted in Insurance | Legal Updates | North America
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August 25, 2022

RSS Stands Out in the Best Lawyers Directory

By FSP of Robinson Sheppard Shapiro

The publishers of The Best Lawyers in Canada™ have announced today the ranking for the 2023 edition of the directory. Numerous RSS lawyers were selected.

Andrew Penhale, the firm’s CEO, explains the meaning of this ranking. “Best Lawyers is important, since this directory reflects the opinions of our peers. The ranking is established on the basis of votes cast by lawyers who are already recognized, and who can therefore make an informed judgment on the quality of our work.”

Posted in News | North America
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August 18, 2022

Buying a Century-old Property: An Extra Measure of Care Is Required

By FSP of Robinson Sheppard Shapiro

While looking for a home, you fall for a century-old residence: what should you do? Make sure you carry out certain verifications before closing the sale. Although the legal warranty of quality applies regardless of the building’s age, courts generally have more stringent expectations towards buyers of older properties. The Superior Court illustrated this in the recent case of Auchintek c. Gerkes, 2022 QCCS 2637.

In that case, the plaintiff was asking for more than $430,000 in damages from the seller for latent defects in a property that she had bought in 2004. The defendant raised two key arguments for his defence: the buyer’s negligence in having failed to perform an inspection on a dwelling built in 1910, and failure to give notice within a reasonable time. The quantum of the damages was also in issue.

Posted in Legal Updates | North America | Real Estate
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August 15, 2022

RSS Welcomes Julia Boivin Desgagné in Its Saguenay Office

By FSP of Robinson Sheppard Shapiro

RSS is proud to announce that Julia Boivin Desgagné is joining its Saguenay office. Julia will assist clients in the region with her litigation skills while sharing her knowledge of municipal law with the rest of RSS’s team.

“Although she was called to the Bar as recently as 2019, Julia already has a most interesting profile. We are happy to have as a colleague someone with her involvements in the community and her extensive education” says Marcel-Olivier Nadeau, who heads the Saguenay office.

L’article RSS Welcomes Julia Boivin Desgagné in Its Saguenay Office est apparu en premier sur RSS – Robinson Sheppard Shapiro.

Posted in News | North America
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August 3, 2022

Le droit de gérance légitime versus le harcèlement psychologique au travail

By Nadia Mokrani of Robinson Sheppard Shapiro

Only available in French

Faire la différence entre le droit de gérance de l’employeur et le harcèlement psychologique ressenti par un employé peut être difficile. Le principe du harcèlement psychologique au travail est souvent galvaudé et utilisé à toutes sauces. Les désaccords ou conflits entre collègues ou avec un supérieur ne constituent pas, dans tous les cas, du harcèlement psychologique au travail au sens de la loi.

Posted in Labor & Employment | Legal Updates | North America
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July 29, 2022

Francis Gioia Joins Our Business Law Group

By FSP of Robinson Sheppard Shapiro

RSS is pleased to announce that Francis Gioia, who was just called to the Bar, is joining the firm’s Business Law Group.

Geneviève Goulet, who was supervising Francis when he was articling, is happy to be able to count on this new colleague. “From day one of our collaboration, Francis made an excellent impression on me. Of course, he possesses excellent legal skills; but throughout his articling, he impressed me most with his curiosity and his dedication to get to the bottom of things when asked a question. It will be a delight to have him on our team.”

L’article Francis Gioia Joins Our Business Law Group est apparu en premier sur RSS – Robinson Sheppard Shapiro.

Posted in News | North America
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July 9, 2022

Introduction to the Small Claims Process

By FSP of Robinson Sheppard Shapiro

This webinar was presented on June 13, 2022, as part of our firm’s annual lectures on insurance law.

Description

With jurisdiction on claims of $15,000 or less, the Small Claims Division of the Court of Québec hears nearly 15,000 cases each year. Whether the object is an account, bodily injury, latent defects, or an insurance indemnity, claims of that magnitude represent a substantial part of their concerns for many businesses. However, except in certain very special circumstances, parties may not be represented by a lawyer.

Posted in Legal Updates | North America
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July 9, 2022

Claims Against Municipalities: Let’s Talk About Prescription!

By FSP of Robinson Sheppard Shapiro

This webinar was presented on October 6, 2021, by our Insurance Law Group.

Description

The impact of prescription on judicial claims is rather well known. However, cities and towns benefit from certain specific rules. In some cases, those rules can contrast significantly with the general norms. Considering the drastic consequences of prescription on a litigant’s rights, a legal advisor should keep those rules in mind.

Posted in Legal Updates | North America
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July 8, 2022

Marianne Poliquin’s Collaboration on the Young Bar’s Guide for Startups

By FSP of Robinson Sheppard Shapiro

The Young Bar of Montreal has announced the release of the third edition of its Guide de démarrage de l’entreprise. This collaborative work gives entrepreneurs 120 pages of basic information on the legal issues that they will be facing.

Marianne Poliquin, from our Labour and Employment Law Group, wrote the revised chapters 11, on labour and employment law for private businesses, and 12, on collective labour relations and occupational health and safety, in collaboration with Grégoire Deniger, from the Association professionnelle des cadres de premier niveau d’Hydro-Québec.

Posted in Legal Updates | North America
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July 7, 2022

Evidence by Presumption: Utility and Pitfalls

By Nadia Mokrani of Robinson Sheppard Shapiro

This webinar was presented on June 16, 2022, as part of our firm’s annual lectures on insurance law.

Description

Property is stolen in a warehouse while the alarm system, unexplainably, was down. There is a suspect, an employee, but no one has seen him deactivate the alarm system or carry the property. Can we assume that he is a party to the theft simply because any other explanation must be ruled out?

Posted in Legal Updates | North America
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